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Family Molbarav v Republic of Vanuatu [2022] VUSC 247; Civil Case 1393, 1631, 1713 of 2021 (31 October 2022)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Civil Case No. 21/1393 SC/CIVL

BETWEEN:


Philimon Loy
Claimant


AND:


The Republic of Vanuatu
Defendant


IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Civil Case No. 21/13631 SC/CIVL

BETWEEN:


Pauline Loy
Claimant


AND:


The Republic of Vanuatu
Defendant


IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Civil Case No. 21/1713 SC/CIVL

BETWEEN:


Family Molbarav represented by Timothy Molbarav, Kerry Molbarav & Jason Molbarav
Claimants


AND:


The Republic of Vanuatu
First Defendant


AND:


Family Loy and Administrator of Estate of Daniel Loy
Second Defendants


Date of Conference: 31st October 2022
Before: Justice 0liver.A.Saksak


In Attendance: Mr Tom Joe Botleng for Claimant in CC 21/1631 ( Telephone)
MR Philip Fiuka for Claimant in CC 21/1713
No appearance for Claimant in CC 21/1393 ( Mr Justin Ngwele)
Mr Edmond Toka for Mr Willie Kapalu for Applicant- Mr Abet Joseph


DECISION


1. I heard Counsel in relation to an application by Abet Joseph to be joined as party to these three proceeds today.

  1. Mr Botleng opposed the application relying on his Response filed on 27th October 2022.
  2. Mr Fiuka filed a response as well but did not object to the applicant to be added as a party and that costs should be reserved.
  3. I have considered all submissions. I reject Mr Botleng's submissions and accept the applicant's and Mr Fiuka's submissions.
  4. I therefore allowed the application and order that Mr Abet Joseph be added as the Interested Party to all three proceedings. I accept that costs must be reserved.

DATED at Port Vila this 31st day of October 2022


BY THE COURT


OLIVER A. SAKSAK
Judge


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